Jason Davis: Why I voted no

Wednesday

Oct 30, 2013 at 12:01 AM

JASON DAVIS

Recently, there have been a number of people, including the writer of one letter to the editor, questioning why I voted against the initial motion for a County Council investigation of the county and its relationship with Waverly Media, the bus bench people.I read the Volusia County Charter frequently, and at most times have a copy of it with me for reference, the same with the constitutions of the United States of America and the state of Florida. After being elected as county chair and charged with the responsibility of running County Council meetings, I made a concerted effort to study our charter even more along with both constitutions. Although I am not an attorney, I know our charter and fully understand what our powers and duties are on the County Council. I also know what we cannot do and what is beyond the legal authority vested in us as a council. The motion regarding the investigation, which did pass on a 5-2 vote, was, in my opinion, not legal and violated our charter, so I became one of the two dissenting votes.Our charter, under section 309, clearly states “the council may make investigation into the affairs of the county governmental operations.” I fail to see how this particular investigation is governmental operations. Waverly Media is a private company. Yes, it is doing business with the county, but still a private company, and currently under investigation by the state attorney. I now ask why we, the County Council, want to spend more money and time on an investigation that is being done by two other agencies with policing authority? Do we really need to possibly compromise those investigations? The next statement in the charter states “and for this purpose, the council shall cause subpoenas to be issued for witnesses, administer oaths, take testimony and require the production of evidence before the council in session.” In other words, we can call citizens and employees into the chambers, while in session, and ask questions of them about the subject or issue on the floor, government operations. Finally, the penalty for noncompliance: “Any person who fails or refuses to obey such subpoena issued in the exercise of those powers by the council, shall be guilty of a misdemeanor upon conviction and punished according to law.”Nowhere in this section of the charter does it say we have the authority to employ an outside investigator, or outside counsel. Basically, it gives the County Council the authority to conduct a U.S. Senate-style hearing, that is all.The publicly announced opinion of our county attorney was in support of my findings, informing the council that we do not have the authority to enforce an investigation as passed, because it violates our charter and surpasses our authority as a council. The county attorney is the attorney for the entire County Council, not just me. If other council members of the same profession, law, prefer to practice their trade during council meetings rather than seeking advice and counsel from our county attorney, they are only doing a disservice to their constituents by putting personal issues ahead of them.If anyone feels a lack of trust or confidence in the state attorney, Volusia County sheriff, the Florida Department of Law Enforcement or the FBI, they need to question these officials and agencies, who are all involved in the investigation.The Volusia County Council is not an investigative agency, and I warn those involved to be careful what you ask for; for sometimes those best intentions backfire, and someone else can become the subject of further investigations.Davis is Volusia County’s elected chairman. He lives in Edgewater.